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King’s Speech confirms new government’s plans for changes to employment law

Back in May I set out what the Labour party was planning to introduce in the way of changes to employment law.  Having won the election and become the new government, they firmed up their plans in the King’s Speech last week.

The government will introduce a new Employment Rights Bill in the coming months (they have indicated within 100 days of coming into power, so by mid-October), although many of the proposals will have to go through consultation, so they will not come into effect until much later.

In their briefing notes that accompanied the King’s Speech, the government confirmed their intention to introduce the following changes to employment law:

– Banning exploitative zero-hour contracts;

– Ending ‘Fire and Rehire’ and ‘Fire and Replace’ by providing effective remedies and replacing the previous Government’s statutory code;

– Making parental leave, sick pay and protection from unfair dismissal available from day 1 on the job for all workers, subject to probationary periods;

– Strengthening Statutory Sick Pay by removing the lower earnings limit and 3 day waiting period;

– Making flexible working the default from day-one for all workers, with employers required to accommodate this as far as is reasonable;

– Strengthening protections for new mothers, making it unlawful to dismiss a woman who has had a baby for six months after her return to work, except in specific circumstances;

– Establishing a new Single Enforcement Body, also known as a Fair Work Agency, to strengthen enforcement of workplace rights;

– Establishing a Fair Pay Agreement in the adult social care sector; and

– Updating trade union legislation, removing restrictions on trade union activity, simplifying the process of statutory recognition and introduce a regulated route to ensure workers and union members have a reasonable right to access a union within workplaces.

There was no mention of the changes to the sexual harassment legislation that the previous government said would come into effect this coming autumn. I expect it is the case that The Worker Protection (Amendment of Equality Act 2010) Act 2023, which received Royal Assent on 26 October 2023, will come into law in October 2024. The legislation creates a duty on employers to take reasonable steps to prevent sexual harassment of their employees in the workplace.  In addition, where an employer is found to have breached the new duty to prevent sexual harassment, employment tribunals will have the power to uplift sexual harassment compensation by up to 25%. The Equality and Human Rights Commission’s (EHRC) Sexual Harassment and Harassment in the Workplace Guidance is due to be updated in September 2024 following consultation.

With many changes likely to happen, employers will need to keep up with it all to ensure they are compliant with the law and in some cases quite speedily.  Our Employment Solicitors at ViewHR will continue to keep you updated on legal changes and can assist with legal advice and the implementation of any required changes to contracts, policies and procedures. Don’t hesitate to contact us today.